A Voi Small Claims Court has ordered St Peter’s Hill View School to pay a trainer Sh153,600 for co-curricular club services.
Resident Magistrate Flavian Mulama found that Albert Zoka Mwachia, trading as Springlight Arts Hub, had provided training services to learners in various co-curricular activities.
The dispute arose from a proposal dated January 3, under which Mwachia was to conduct programmes with learners paying Sh3,000 per club or activity.
“The claimant was engaged by the respondent to provide training services in various co-curricular activities and programmes and which were to be offered at St Peter’s Hill View School,” the court heard.
The parties agreed to share the proceeds in an 80:20 ratio, with Mwachia receiving 80 per cent of the fees collected under the revenue-sharing arrangement.
Mwachia said he had performed his part of the agreement but the school had failed to pay him the agreed amount.
The school denied owing Mwachia Sh189,000, arguing that no written or oral contract existed between the parties.
The school said the relationship was based on an understanding rather than a binding agreement.
It also raised concerns about the implementation of the programme, including the alleged failure by Mwachia to adequately consult the school administration, the absence of signed parental consent forms, failure to provide trainers’ professional credentials and lack of evidence of institutional registration and tax compliance.
The school further alleged that Mwachia had directly enrolled learners and obtained parental consent without informing the school administration.
“The respondent further asserts that during implementation of the programme, concerns were raised by the principal regarding the claimant's failure to adequately consult the school administration, the absence of signed parental consent forms, the failure to provide the trainers' professional credentials,and the lack of evidence of institutional registration and tax compliance to confirm that the company is legally authorised to operate,” the court heard.
The school also maintained that Mwachia had failed to account for payments already received and had demanded Sh189,000 without disclosing the actual number of learners who enrolled, the fees collected or the basis upon which the alleged outstanding amount had been computed.
The respondent asked the court to dismiss the claim with costs.
The magistrate rejected the school's argument that the proposal was not a binding agreement, finding that both parties had signed the document and intended to be bound by its terms.
“...a proposal was prepared with terms of engagement and at the tail end of the said proposal both parties appended their signatures in acceptance of the terms and conditions contained therein. At that point it became a binding document as both parties intended to be bound by it,” the court stated.
Magistrate Mulama said although the document was titled a proposal, the signatures showed that the parties intended to be bound by its terms regarding the services to be provided.
On liability, the court noted that while Mwachia had claimed for 59 students, only 52 had paid, with six others enrolled in multiple programmes.
The court calculated the total fees at Sh192,000, not Sh189,000 as pleaded, and applied the 80:20 ratio to arrive at Sh153,600 due to Mwachia.
The court also acknowledged that the school had already paid Sh14,000 via M-Pesa on March 25.
The magistrate dismissed the school's concerns about parental consent forms, observing that the forms were issued by the school on behalf of Mwachia.
The ruling stated that the school could not distance itself from the consent forms after they had been issued by the institution and signed by parents.
The court further held that the school remained liable to pay Mwachia and could recover the amounts from the parents.
Magistrate Mulama directed the school to pay Mwachia what was due to him and recover the same from the parents.
The claim was allowed in the sum of Sh153,600, with costs and interest at court rates from the date of filing until payment in full.
